Welcome to the Mississippi Board of Pharmacy

The Mississippi Board of Pharmacy was established by legislative action in 1920. The mission of the Board is to protect and promote the health of Mississippi citizens by regulating and controlling the practice of pharmacy and the distribution of prescription drugs and devices. Our Board is comprised of seven pharmacist members, all appointed by the Governor. They are assisted by administrative staff headed by an Executive Director appointed by the Board. 

NEWS AND EVENTS 

Inventory Notice 2020 | 4/1/2020

Annual Inventory Requirement

Pursuant to Article XXV of the Mississippi Pharmacy Practice Regulations, all permitted facilities are required to take an annual inventory of all controlled substances on hand on or about May 1 but no later than May 15. Due to the COVID-19 outbreak, the Mississippi Board of Pharmacy is granting an extension until July 1 for the annual inventory. Pharmacies that routinely conduct the annual inventory on a different date are expected to conduct the inventory during that same period this year.

 

CII Resolution Modification | 3/30/2020

Modification to the Resolution Passed by the Board on March 18, 2020, Addressing Oral Prescriptions for Schedule II Controlled Substances

 

The resolution passed by the Mississippi Board of Pharmacy on March 18, 2020, addressing oral prescriptions for Schedule II controlled substances is modified by the following guidance put out by the DEA:

 This is a guidance letter clarifying the circumstances under which oral schedule II prescriptions are permitted and provides temporary exceptions due to the Public Health Emergency declared by the Secretary of Health and Human Services. 

 

The Controlled Substances Act, 21 U.S.C. 801 et seq., provides that a pharmacist may not dispense a schedule II controlled substance without a written prescription with the exception of an oral prescription in emergency situations.  According to 21 CFR 1603.11(d), to issue an emergency oral prescription, the quantity prescribed and dispensed is to be limited to the amount adequate for treatment of the patient during the emergency period; prescription shall be immediately reduced to writing by pharmacist and contain all information required in 1306.05, except for prescribing practitioner’s signature; if pharmacist does not know the individual prescribing practitioner, the pharmacist must make a reasonable effort to determine that the oral authorization came from a registered individual practitioner; and within 7 days after authorizing an emergency oral prescription, the individual prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacist. 

 

In addition to the exception stated above, DEA announces two temporary exceptions: 

(1) practitioners have 15 days to deliver the follow-up paper prescription to the dispensing pharmacy; and  

(2) practitioners are allowed to send the follow-up prescription via facsimile, photograph, or scan to the pharmacy in place of the paper prescription. 

 

The practitioner must ensure that for whichever method they use, the prescription contains all required information stated in 1306.05 and 1306.11(d), including a statement that prescription is “Authorized for Emergency Dispensing.”  Practitioners who choose to send this specific type of prescription to the pharmacy via facsimile, photograph, or scan must maintain the original paper prescription in the patient file. 

Chloroquine and Hydroxychloroquine Information | 3/24/2020

As current efforts are underway to combat the COVID-19 pandemic, a recent concern has been the reported issuance of prescriptions by prescribers for and dispensing of hydroxychloroquine and chloroquine by pharmacies for prevention and treatment of COVID-19. Pharmacists should exercise caution dispensing these medications in a community setting.

Currently, there are no FDA-approved or clinically proven therapies for treatment of COVID-19. At present, the FDA has not approved use of chloroquine and hydroxychloroquine for COVID-19 prophylaxis.

If used, hydroxychloroquine and chloroquine should be restricted to patients who are admitted to hospitals with COVID-19 infections. The role of hydroxychloroquine and chloroquine in an individual patient’s care should be discussed with an infectious diseases physician at the healthcare facility.

Medication side effects, drug interactions, contraindications, and laboratory monitoring requirements should also be considered when dispensing these medications for treatment of COVID-19. There is a potential for toxicity with these medications. Meeting those monitoring needs for patients could be limited in a community setting at the moment.

Pharmacists and prescribers must also consider that patients currently taking hydroxychloroquine for FDA approved indications could be affected by this prescribing. Supplies of chloroquine and hydroxychloroquine should be monitored by pharmacists for medication availability.

Providers prescribing hydroxychloroquine to patients for other indications (i.e.: lupus, rheumatoid arthritis) are encouraged to notate the indication on any new prescription issued.

Please note, pharmacists are encouraged to use their professional judgement and are allowed to deny prescriptions based on the above information, if necessary.

This is a constantly evolving situation. As additional data is available, current information could be subject to change. Please continue to check your email from the Mississippi Board of Pharmacy and our website, www.mbp.ms.gov, for updated information pertaining to COVID-19. 

Sincerely,

Ryan Harper

President

Mississippi Board of Pharmacy

Susan McCoy

Executive Director

Mississippi Board of Pharmacy​

Hand Sanitizer Update | 3/23/2020

​​The Board unanimously voted to allow any permitted pharmacy that compounds hand sanitizer pursuant to the FDA Guidance issued March 2020, Policy for Temporary Compounding of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency, to sell such product to other pharmacies in-state for resale during the duration of the Governor’s Declaration of Emergency.​​​

CLARIFICATION OF PRESCRIPTION SIGNATURE REQUIREMENTS | 3/20/2020

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CLARIFICATION OF PRESCRIPTION SIGNATURE REQUIREMENTS

The Mississippi Board of Pharmacy is charged with the protection of the public health as it relates to patient safety, patient health, patient access, and patient services. Governor Reeves declared a state of emergency on March 14, 2020, concerning the coronavirus and the potential spread of COVID-19. As a result of COVID-19 many patients are sheltering at home creating an increased need for home / residential delivery. All of us are concerned about personal/physical contact during this crisis.

The Board has received numerous questions concerning the shipment, mail or delivery of prescription drugs. In the past few days, some Pharmacy Benefit Managers (PBMs) have issued statements regarding the shipment, mailing or delivery of prescription medications as it relates to signatures.

Pharmacists must use their professional judgment in determining your specific procedures but must, at minimum, follow all state and federal laws and rules as it relates to this issue. Mississippi law may not supersede certain federal program requirements such as CMS, Mississippi Medicaid or laws such as ERISA.

CONTROLLED SCHEDULE II PRESCRIPTIONS-

Mississippi law (§ 41-29-125, 2.) reads in part

(2) Whenever a pharmacy ships, mails or delivers any Schedule II controlled substance listed in Section 41-29-115 to a private residence in this state, the pharmacy shall arrange with the entity that will actually deliver the controlled substance to a recipient in this state that the entity will: (a) deliver the controlled substance only to a person who is eighteen (18) years of age or older; and (b) obtain the signature of that person before delivering the controlled substance. The requirements of this subsection shall not apply to a pharmacy serving a nursing facility or to a pharmacy owned and/or operated by a hospital, nursing facility or clinic to which the general public does not have access to purchase pharmaceuticals on a retail basis.

All pharmacies must follow the requirements as stated above in the shipment, delivery or mailing of SCHEDULE II controlled substances.

NON-CONTROLLED PRESCRIPTIONS-

Mississippi law (§ 73-[21-183), known as the PHARMACY AUDIT INTEGRITY ACT, reads in part:

Section (1), (l)

Any prescription that complies with state law and rule requirements may be used to validate claims in connection with prescriptions, refills or changes in prescriptions; …(r) A recoupment shall not be based on:

(i) Documentation requirements in addition to or exceeding requirements for creating or maintaining documentation prescribed by the State Board of Pharmacy; or…

(ii) A requirement that a pharmacy or pharmacist perform a professional duty in addition to or exceeding professional duties prescribed by the State Board of Pharmacy;

MISSISSIPPI MEDICAID-

Rule 1.12: Beneficiary Signature

A. The pharmacy must obtain the signature of the beneficiary or his/her representative signature and their relationship to the beneficiary for each prescription received with the exception of beneficiaries living in long-term care facilities, i.e. nursing facilities, intermediate care facilities for individuals with intellectual disabilities (ICF/IID) facilities and/or psychiatric residential treatment facilities (PRTF).

1. Electronic signatures are acceptable.

2. One signature per prescription is required.

3. The pharmacist may sign for a prescription if the beneficiary or his/her representative is not capable of signing. When signing the pharmacist must:

a) Document the circumstances preventing the beneficiary or his/her representative from signing for the prescription, and

b) Sign the prescription signature record with his/her own name and the beneficiary’s name.

4. For shipped or delivered prescriptions, the pharmacy must obtain the signature of the beneficiary or his/her representative and their relationship to the beneficiary.

a) The pharmacy must maintain signatures on-site and in an auditable manner.

b) The Division of Medicaid will not reimburse for medications lost in transit and/or not received by the beneficiary

B. Prescription signature records for received prescriptions must include the prescription serial number, date medication is received and the beneficiary or his/her representative’s signature and their relationship to the beneficiary.

1. Prescription signature records must be retained for a period of five (5) years for audit purposes.

2. Prescription signature records for shipped prescriptions must be retained for a period of five (5) years and must include the delivery confirmation for audit purposes.

3. Prescription signature records must be maintained on-site and in an auditable manner.

C. The beneficiary or provider cannot waive the receipt signature requirement nor does “signature on file” meet this obligation.

Source: Miss. Code Ann. § 43-12-121.

History: Miss Admin. Code, Part 214, Chapter 1, Rule 1.12 A.-E. added 07/01/13 to include 04/01/12 compilation omission

TO SIMPLIFY-

-Mississippi law DOES REQUIRE a signature from a person who is 18 years of age or older in the shipment, mailing or delivery of SCHEDULE ll CONTROLLED SUBSTANCE PRESCRIPTIONS.

-Mississippi law nor the Board of Pharmacy rules DO NOT REQUIRE a signature in the shipment, mailing or delivery of NON-CONTROLLED PRESCRIPTIONS.

-MISSISSIPPI MEDICAID and their MCOs DO have specific requirements as stated above. The pharmacist may sign for a prescription if the beneficiary or his/her representative is not capable of signing, and document the circumstances preventing the beneficiary or his/her representative from signing for the prescription.

This document is being sent electronically to all Mississippi licensed Pharmacists and Pharmacy Benefit Managers.

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